Tort Law

The court holds that a district court properly excluded homeowners' expert testimony in a case alleging that volatile organic compounds (VOCs) emitted by a manufacturer's carpeting…

The court affirms a district court's grant of summary judgment on several state-law tort claims in favor of pesticide companies whose products allegedly caused a newborn's multiple birth…

The court holds that the ability to use a river in a recreational manner should be considered in determining whether the river is navigable-in-fact in a trespass case against kayakers and canoers…

The court grants summary judgment to a company on the state-law counterclaims brought by the past owners of a contaminated site where the company disposed of hazardous wastes. The contaminated…

The court holds that a commercial property owner may bring a negligent remediation claim against the owner of a gasoline station for damages allegedly caused by gasoline that leaked from the…

The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an…

The court holds that a chemical manufacturer had no duty to warn the U.S. Air Force or its employees of the potential hazards of chemicals used to clean aircraft engines. The court first holds…

The court held that homeowners failed to establish a genuine issue of material fact as to necessary elements of their negligence, implied warranty of merchantability, express warranty, and strict…

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) bars landowners' claims that the military's disposal of wastewater at the Walker Air Force…

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor…